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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22998
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Is there a time frame to be able to take someone to small claims

Resolved Question:

Is there a time frame to be able to take someone to small claims court for money owed.
7-22-08 is when my husband loaned his boss money for the first time. He is no longer employed there and he borrow $2,800.00. Do you have any suggestions?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Was there any type of written agreement to repay the money?
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Or was this a purely oral agreement?
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Thanks
Barrister
Customer: replied 1 year ago.
Oral agreement only
Expert:  Barrister replied 1 year ago.
Ok, I am afraid I don't have good news, so please don't shoot the messenger...In OK, an oral contract has a statute of limitations of only 3 years from the date of breach of the contract. So unless husband had an agreement with the borrower to repay the 2008 loan in June of 2010 or later, it would be beyond the SOL to enforce the agreement.
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If you can get the borrower to pay anything, even $1, it would then reset the statute of limitations and you could then sue for the remaining amount in small claims court. Other than that, unfortunately there is any other legal recourse at this point.
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Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22998
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

What about the $800.00 he gave his boss in cash just this year. I have the with drawl slip from the bank. Also all the other building inspectors knew that my husband loaned Johnny money. Would it help if I threatened to tell his boss of him borrowing money from my husband. He could loose his job for what he did. I would hate to do that but it might scare him so he will make good on the money owed to my husband.

Expert:  Barrister replied 1 year ago.
The $800 is definitely within the SOL for him to sue the boss in small claims court if he has demanded repayment and the boss has refused.
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And yes, if you think that would put pressure on him to repay, then there is nothing illegal about telling his superiors that he borrowed the money and won't repay it. So you could tell him you will do so unless he repays the other loan.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

Thank for advise


It is getting late so have a good evening!!!


Tracy

Expert:  Barrister replied 1 year ago.
You are very welcome. Glad I could help.
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And I am just getting ready to log off to get some sleep...
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All the best to you and yours.
Barrister

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